Pradeep Alias Sandeep v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46865 of 2023 Applicant :- Pradeep Alias Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged against the driver of the vehicle DCM Truck No.HP-93A 4614. Subsequently, on the self confessional statement, the applicant was apprehended by the prosecution in the offence in question.

¶3The Counsel for the applicant argues that the applicant was not even sitting in the vehicle in question against whom the allegations were levelled in the FIR. The said fact revealed in the bail rejection order which is appended at page 34 of the paper book. The criminal history of the applicant has been duly explained in the supplementary affidavit. The supplementary affidavit is taken on record.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that apart from the confessional statement, prima facie, no material exists to implicate the applicant with the offence in question, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Pradeep alias Sandeep be released on bail in FIR/ Case Crime No.027 of 2023, under Sections 419, 420, 467, 468, 471 IPC and Sections 60/63/72 of the Excise Act, Police Station Hathinala, District Sonbhadra on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 3.11.2023 akverma High Court of Judicature at Allahabad